Ex parte Milligan 71 U.S. (1866) Summary Abraham Lincoln allowed General Winfield Scott to suspend habeas corpus in some of the border areas due to violence and social unrest in 1861. In 1864, Lambdin Milligan was charged with conspiracy against the U.S. government. He was convicted by a military tribunal and sentenced to death. The Supreme Court held that the suspension of habeas corpus was lawful, but stated that the tribunals could not try civilians in areas that remained loyal to the Union and had operational civilian courts. Milligan was a citizen of Indiana (which was not one of the states that seceded from the Union) and was not associated with the military. The Supreme Court also held that when habeas corpus is suspended that citizens may only be held without charges. They could not be tried or executed. Arizona Teaching Standards Courts and Constrained Liberties During Times of War • 7th Grade Strand 3: Civics and Government Concept 2: Structure of Government PO1e Judicial Review • High School Strand 1: American History Concept 1: Research Skills for History PO6 Apply the skills of historical analysis to current social, political, geographic, and economic issues facing the world Concept 10: Contemporary United States PO2 Identify the connection between current and historical events and issues using information from class discussions and various resources (e.g., newspapers, magazines, Internet, books, maps) Strand 3: Civics and Government Concept 2: Structure of Government PO2c Separation of Powers/Checks and Balances PO2d Judicial Review Concept 3: Functions of Government PO2 Examine how the Constitution guarantees due process of law Through Constitutional mandates and Amendments Concept 4: Rights, Responsibilities, and Roles of Citizenship PO1a Freedom of religion, speech, press, assembly, and petition in the First Amendment 1 Links to Web Resources Courts and Constrained Liberties During Times of War • Bruce A. Ragsdale, "Teaching Judicial History: Federal Trials and Great Debates in US History Ex parte Merryman and Debates on Civil Liberties During the Civil War" http://www.fjc.gov/history/merryman.nsf/autoframe?openform&heade r=/history/merryman.nsf/page/header_home&nav=/history/merryman. nsf/page/nav_home&content=/history/merrman.nsf/page/home • Civil Liberties in Wartime: Supreme Court Case Law on the Protection of Civil Liberties During Times of War http://www.law.duke.edu/publiclaw/civil/index.php?action=showtopic &topicid=1 2